Safeway Insurance Co. v. Ebijimi

Illinois Appellate Court
Civil Court
Summary Judgment
Citation
Case Number: 
2018 IL App (1st) 170862
Decision Date: 
Monday, September 10, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
MIKVA

Daughter of policyholder was injured by uninsured motorist, and demanded arbitration under the mother's policy. Insurer filed suit seeking stay of arbitration and as declaration that it had no obligation to settle or arbitrate the uninsured motorist claim. Court properly denied insureds' motion for substitution of judge, as court had made discovery rulings (granting leave to depose former employee of insured, and denying motion to compel written discovery) which were substantive because they decided what is relevant to the case. Court erred in striking in its entirety affidavit of insureds in opposition to insurer's motion for summary judgment. Portions of affidavit satisfied Rule 191(a), and in other portions affiant attests to facts within his knowledge.Court erred in granting summary judgment for insurer, as genuine issues of material fact exist on affirmative defenses of estoppel and waiver. (HARRIS and PIERCE, concurring.)